Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20177 of 2018 Petitioner :- Himanshu Jain And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 27.9.2017 registered as Case Crime No.1070 of 2017, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Highway, District Mathura.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged after an inordinate and unexplained delay of about four years containing absolutely false and concocted allegations against the petitioners regarding commission of offences under Sections 420, 467, 468, 471, 120-B I.P.C. It is further submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-